White v. T. W. Little Co.

Citations

• 118 Wash. 582
• 204 P. 186
• 1922 Wash. LEXIS 695

Syllabus

<p>Evidence (149) — Parol Evidence to Vary Writing — Sale of Chattels. Where orders for trucks and trailers provided that, at time of delivery, conditional sales contracts were to be executed and that no verbal agreement would be recognized, it must be presumed that the conditional sales contracts entered into contained all the elements of the contracts, and they could not be varied by alleged oral agreements as to equipment and time and place of delivery.</p> <p>Sales (78) —Performance — Delay in Delivery — Waiver — Effect of Acceptance. A purchaser’s acceptance of personal property in fulfillment of an executory contract of sale is a waiver of objection that it was not delivered at the time agreed, unless his acceptance was qualified by a reservation of the right to claim damages caused by the delay.</p> <p>Same (78). Where, after placing an order for trucks and trailers at a designated price, the purchaser afterwards executes conditional sale contracts for an increased price, under threats of the seller not to make delivery otherwise, and necessities of the purchaser’s business forced him to agree to pay in order to get the trucks, he cannot recover the excess price in an action for damages, in case no protest was made at the time, and no payments covering the excess have been made, his proper remedy being one for reformation of the contract.</p>